This litigation affects prisoners and correctional administration in a number of ways. In terms of correctional administration, Title II holds that prisons are covered under this title whether or not they are receiving federal funding. Therefore, prison administrators must be more diligent and honest in their handling of prisoners in order to avoid lawsuits. For prisoners, they are also part of Title II and are eligible for certain rights under this title -- rights which the administration must provide or risk a lawsuit. The FLSA establishes minimum wage, overtime, and stipulations regarding record keeping, child labor, and hours that are worked. These also help to regulate the means by which prisoners can utilize lawsuits regarding these facets of their experience within a prison.
In the court case Payton v. United States, it was found that police officers need a warrant to enter the domicile of a resident for an arrest. The details of the cases essentially include two days' worth of preparation and gathering of evidence on the part of New York police officers, who suspected Mr. Payton had murdered someone two days prior. The officers entered Payton's home without a search warrant and found no one there. However, they located a gun that was used as evidence in Payton's murder trial. This case made its way to the Supreme Court, which ruled that police cannot make warrantless entries into people's homes for arrests.
The statement that prison litigation is confusing because the law is no longer solely determined by the law and judicial interpretation means that that there is a large amount of grey area that governs justice in the prisons. It also means that there are many who do not think that justice has any place within the prison system, and that prisoners' rights should be duly reduced. The variety of legislation that diminished the capacity of prisoners to seek litigation attests to this fact, as exemplified by the Antiterrorism and Death Penalty Act of 1996 and the Prison Litigation Reform Act.
Roper v. Simmons. (2005). University of Cornell Law School.
Retrieved March 31, 2009 at http://www.law.cornell.edu/supct/html/03-633.ZO.html
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